Jagex Ltd v McCambridge (UNFAIR DISMISSAL – Contributory fault - Polkey deduction) [2019] UKEAT 0041_19_1109 (11 September 2019)

Jagex Ltd v McCambridge (UNFAIR DISMISSAL – Contributory fault - Polkey deduction) [2019] UKEAT 0041_19_1109 (11 September 2019)

The Tribunal did not err in its construction of the contract or in finding that the Claimant's conduct did not amount to gross misconduct or breach of contract; salary information was not confidential under the contract. The Tribunal's refusal to make a Polkey reduction was justified as no reasonable employer would have dismissed the Claimant. However, the Tribunal erred in law by applying a gross misconduct threshold for contributory fault; the correct test is whether the conduct was blameworthy or culpable. The issue of contributory fault is remitted to the same Tribunal for reconsideration.

Citation
[2019] UKEAT 0041_19_1109
Parties
Claimant/respondent to Appeal: Claimant (name not specified); Respondent/appellant: Respondent (Jagex Ltd)
Jurisdiction
United Kingdom
Judgment Date
11 September 2019
Procedural Posture
Employment Appeal Tribunal (eat) Appeal From Employment Tribunal / Appeal Judgment on Liability, With Remedy Hearing Pending
Outcome
Appeal allowed in part; remitted to Tribunal on contributory fault only; other grounds dismissed.
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Contributory Fault, Polkey Deduction, Confidential Information, Employment Contracts
Employment Law Contract Law Unfair Dismissal Wrongful Dismissal Contributory Fault Polkey Deduction Confidential Information Employment Contracts

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Parties

Claimant (name not specified)

Claimant/respondent to Appeal

Respondent (Jagex Ltd)

Respondent/appellant

Procedural Posture

Employment Appeal Tribunal (eat) Appeal From Employment Tribunal / Appeal Judgment on Liability, With Remedy Hearing Pending

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to the application of Polkey by not making a percentage reduction to the compensatory award; whether the Tribunal erred in deciding not to make a reduction for contributory fault; whether the Tribunal erred in its construction of the Claimant's contract of employment and the finding of wrongful dismissal.

Ratio Decidendi

The Tribunal did not err in its construction of the contract or in finding that the Claimant's conduct did not amount to gross misconduct or breach of contract; salary information was not confidential under the contract. The Tribunal's refusal to make a Polkey reduction was justified as no reasonable employer would have dismissed the Claimant. However, the Tribunal erred in law by applying a gross misconduct threshold for contributory fault; the correct test is whether the conduct was blameworthy or culpable. The issue of contributory fault is remitted to the same Tribunal for reconsideration.

Court Disposition

Appeal allowed in part; remitted to Tribunal on contributory fault only; other grounds dismissed.

Orders

  • Remit the issue of contributory fault to the same Tribunal for reconsideration at the remedy hearing.
  • No error found in the Tribunal's approach to Polkey reduction or contract construction.